Robeson County board adopts resolution asking USDOE to restore $14.3 million in rescinded ESSER 3 funds

The Board of Education for the Public Schools of Robeson County unanimously approved a resolution on May 20, 2025, asking the U.S. Department of Education to reinstate $14,328,382.10 in ESSER 3 funds that the board says were previously approved and later rescinded. The resolution, moved by Dr. Manuel and seconded by Henry Brewer, directs the superintendent and legal counsel to pursue administrative and legal remedies and to deliver the board's position to state and federal officials.

The resolution matters because the district says the rescission threatens several ongoing health-and-safety projects that were slated to be paid with ESSER 3 funds, including HVAC replacement at Lumberton Senior High School, modular multipurpose classrooms at Saint Paul's and Purnell Swett High Schools, and window replacements at Oxendine, Pembroke and Saint Paul's elementary schools. The board said those projects address ventilation, asbestos abatement and other environmental-health issues identified while work was underway.

Board legal counsel Richard Schwartz described a complex legal backdrop during the meeting: “There are a lot of moving parts and moving pieces in this whole mess,” he said, and outlined the district's effort to “piggyback” on a federal court order in a case brought by 16 states and the District of Columbia. Schwartz told the board that the Southern District of New York court issued an order and a temporary restraining order affecting the Department of Education's May 11, 2025 “dear colleague” letter and the May 24 liquidation deadline for plaintiff states; he said Robeson County is asking the state Department of Public Instruction to press the appeals process on behalf of the district.

Board staff presented project narratives and invoice summaries in the meeting packet. Mr. Bob Lotley told the board staff provided “three different project narratives as related to the work that has continued through the ESSER 3” funds and highlighted schedule impacts including asbestos abatement at Lumberton Senior High that delayed HVAC work by about six weeks, long lead times on switchgear and chillers, and asbestos/lead abatement at window-replacement sites. Lotley said some HVAC switchgear is scheduled for delivery July 14 and that certain work cannot be done while students are in buildings, driving the need to perform work during breaks.

Finance and grant staff reported invoice totals the district submitted to NCDPI as part of the appeal process. In the packet, staff listed $1,142,003.81 paid prior to March 28, 2025; additional payments and incurred expenses brought the total paid-or-incurred amount submitted to NCDPI to $6,005,775.73; and staff said the district is awaiting reimbursement of $2,645,919.18 for amounts already paid. The resolution notes a total of $14,328,382.10 in obligated ESSER 3 funds the district says remain at risk after the rescission.

Board members asked for clarification about timing and contingency planning. Dr. Manuel and other members pressed staff on why asbestos and other conditions were identified when work began; staff said the conditions were revealed only once crews began demolition in older buildings and that the district had performed walk-throughs and retained experts (Snyder) to help prioritize work. Several members also asked whether the state or district would owe contractors if federal reimbursements are not restored; staff replied some contracts and equipment purchases have already been paid or encumbered and that outstanding liabilities could create fiscal risk for the district.

The resolution passed unanimously. It requests that the U.S. Department of Education grant North Carolina DPI's appeal, restore the rescinded funds through March 28, 2026, and urges state and federal elected officials to advocate for the district. The measure also authorizes the superintendent and legal counsel to pursue all available administrative and legal remedies and directs delivery of the resolution to the North Carolina congressional delegation, governor, attorney general, the state superintendent, and the U.S. Department of Education.

Board counsel said additional court action and another federal-court hearing (scheduled June 2 in the New York case) could affect the timeline for reimbursement; the board's resolution is intended to formalize the district's position and to support the state's appeal process.

Votes at a glance: The board approved the resolution as presented; motion by Dr. Manuel, second by Henry Brewer; the board chair announced the motion passed unanimously. The transcript does not include a named roll-call tally in the public record of the meeting.

Any further administrative steps — including whether North Carolina or Robeson County will join the pending federal lawsuit brought by other states or pursue separate litigation — will be determined by the state attorney general, NCDPI and district legal counsel as the appeals process proceeds.